Cross-border data sharing is critical for telemarketing but increasingly complex due to evolving global regulations. Key 2025 updates include:
- New Certifications: The Global CBPR and PRP systems provide a unified framework for international data transfers, simplifying compliance for companies operating across multiple jurisdictions.
- Regional Rules: Countries like China and Australia have tightened their data transfer laws. For example, China requires assessments for "important data", while Australia enforces strict privacy standards for U.S. companies handling Australian data.
- U.S. DOJ Restrictions: New rules limit sharing sensitive U.S. personal data with entities in specific countries, with penalties reaching up to $1 million and 20 years of imprisonment for violations.
- Growing State Privacy Laws: By 2026, 50% of the U.S. population will be covered by state-specific privacy laws, adding complexity for businesses managing cross-border data.
For telemarketing firms, these updates mean stricter compliance demands, higher penalties, and the need for robust data governance. Certifications like CBPR can streamline operations, but regional compliance remains essential for certain markets. Staying informed and proactive is key to avoiding fines and maintaining trust.
New Global Certification Systems for Cross-Border Data Transfers
Overview of CBPR and PRP Certifications
In June 2025, the Global Cross-Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) certifications were introduced, marking a new chapter in international data privacy standards.
These certifications build upon the privacy protections established under the APEC framework. Developed by the Global CBPR Forum, which was formed in 2022, they aim to offer a streamlined approach to managing cross-border data transfers.
With global data flows surging by 40% between 2020 and 2024, the certifications quickly gained traction. Around 100 companies, representing over 2,000 entities, achieved certification shortly after the launch.
"The launch of the Global CBPR and Global PRP Systems empowers companies worldwide to uphold the highest standards of data privacy, fosters trust, enables trade and drives innovation in a connected future. We encourage companies operating in the global market to consider becoming certified and jurisdictions to join the Forum to make this tool available to companies in their jurisdictions."
– Ms. Shannon Coe, Chair of the Global CBPR Forum
Let’s take a closer look at how these certification systems function.
How CBPR and PRP Certifications Work
The certification process is rigorous, requiring independent assessments by approved Accountability Agents. Companies cannot simply self-certify; they must undergo third-party evaluations to demonstrate compliance.
The Global CBPR System is designed for data controllers – organizations like telemarketing companies that determine how customer data is used. These companies must adhere to key privacy principles, such as providing clear notices, limiting data use to specific purposes, ensuring data accuracy, implementing security measures, and granting consumers access and correction rights.
The Global PRP System targets data processors, such as technology vendors and service providers that handle data on behalf of controllers. This certification focuses on two main areas: implementing robust security safeguards and maintaining accountability.
Once certified, companies receive marks that signal compliance with international privacy standards. These marks enhance credibility with both business partners and consumers.
Later in 2025, additional requirements will be introduced, addressing sensitive data, children’s data, and breach notification protocols.
Impact on Telemarketing Businesses
Cross-border data transfers remain a major challenge, with 42% of organizations listing it among their top five privacy concerns.
For telemarketing companies, the CBPR and PRP certifications provide a clear path to ensure data protection across multiple jurisdictions. Instead of juggling numerous national privacy laws, certified companies can rely on a single, globally recognized framework to demonstrate compliance.
"We’re thrilled to collaborate with the Global CBPR Forum on this critical evolution in global data privacy standards. At TrustArc, we’ve long championed accountability-based frameworks, and the launch of the Global CBPR and PRP certification represents a major milestone in providing organizations and consumers alike with confidence in how personal data is protected and managed worldwide."
– Noël Luke, Chief Assurance Officer at TrustArc
IBM offers a valuable perspective as the first company certified under the original APEC CBPR system in 2013. Ajay Dua, IBM’s Vice President & Assistant General Counsel for Asia Pacific & China, shared:
"The Cross-Border Privacy Rules (CBPR) enables a framework of interoperable data protection rules across the region and the world with a potential to drive significant business value."
– Ajay Dua, IBM
These certifications also simplify vendor management. For example, CBPR standards can speed up vendor onboarding by aligning with established privacy principles. Additionally, the CBPR requirements overlap with major privacy regulations like GDPR and U.S. state privacy laws, offering efficiency for companies managing compliance in multiple jurisdictions.
Ms. Loretta Yuen, Head of Group Legal & Compliance at OCBC, highlighted the potential for a network effect:
"A large network of certified companies will unlock the full potential of the global CBPR and facilitate secure and seamless data transfers."
– Ms. Loretta Yuen, OCBC
Research supports this optimism. Companies scoring high on privacy performance metrics are far more likely to align with structured global frameworks like CBPR and PRP. For telemarketing businesses operating internationally, these certifications are not just a compliance tool – they’re a competitive edge.
Key Updates in Regional Regulations
China’s New Regulations on Data Transfers
China’s approach to cross-border data transfers is governed by the CSL, DSL, and PIPL frameworks, which primarily regulate the movement of important data and personal information. Other types of data, however, can be transferred overseas without restrictions.
In 2025, the Cyberspace Administration of China (CAC) clarified:
"The CAC reiterates that the current cross-border data transfer regime mainly regulates important data and personal information, and other types of data may be freely transferred overseas."
For telemarketing firms, determining whether their data qualifies as "important" is a critical first step. If it doesn’t, transfers can proceed without additional hurdles. When approvals are necessary, China offers three compliance pathways: a Security Assessment conducted by the CAC, Personal Information Protection Certification (PIP Certification), and filing Standard Contractual Clauses (SCC Filing).
By March 2025, the CAC had reviewed 298 Security Assessment submissions, with 44 involving important data. Of these, seven submissions failed the assessment. Additionally, 325 out of 509 data items were approved for cross-border transfer.
To make compliance more practical for multinational companies, China introduced helpful updates. For instance, a single subsidiary can now submit a Security Assessment or SCC Filing on behalf of all related entities within the country. Furthermore, the validity of approved Security Assessments has been extended to three years. Security Assessment applications are required in specific scenarios, such as when a Critical Information Infrastructure Operator (CIIO) transfers personal information or important data abroad, or when a data handler transfers personal information of over 1 million individuals – or sensitive personal information of more than 10,000 individuals.
These measures underscore how China’s regulatory framework defines and shapes compliance obligations.
Australia’s Extraterritorial Data Obligations
Australia’s Privacy Act 1988 (APA) extends its reach far beyond its borders, applying to U.S.-based telemarketing companies that handle the personal data of Australian residents. A U.S. company is considered to have an "Australian link" if it conducts business in Australia and holds personal data there.
Under the APA, U.S. companies must ensure that data recipients meet Australian privacy standards or that the data is transferred to jurisdictions with enforceable privacy protections. The Office of the Australian Information Commissioner (OAIC) explained:
"The purpose of s 5B is to stop organisations avoiding their obligations under the Act by transferring the handling of personal information to countries with lower privacy protection standards."
Non-compliance can result in hefty penalties – up to AUD $444,000 for individuals and US$2.2 million for corporations. The annual turnover threshold for private sector organizations covered by the APA is AUD $3 million (approximately US$1.92 million).
Unlike some countries such as China, Vietnam, and India, Australia does not recognize "legitimate interests" as a basis for processing data. However, it does enforce cross-border transfer restrictions similar to those in Hong Kong. Additionally, the Notifiable Data Breach Scheme, in effect since February 22, 2018, requires organizations to report eligible data breaches.
These rules highlight Australia’s firm stance on protecting personal data, even across borders.
Other Regional Updates
In the U.S., state-level privacy laws continue to expand. By late 2025, 43% of Americans will be covered by state privacy laws, with 19 states having enacted comprehensive legislation . The absence of a unified federal data privacy law means businesses must navigate a complex patchwork of regulations, each with its own compliance demands. Enforcement trends indicate an increasing reliance on state privacy laws in consumer protection cases .
On the federal level, the Department of Justice introduced new regulations on April 8, 2025, targeting cross-border data transfers involving personal data. These rules restrict "Covered Persons" from accessing specific government-related information and sensitive U.S. personal data. Additionally, six nations – China (including Hong Kong and Macau), Cuba, Iran, North Korea, Russia, and Venezuela – are designated as "countries of concern". The rule applies to six categories of personal data and two categories of government-related information.
These developments illustrate the growing complexity of global data privacy laws, with regions like Europe prioritizing individual rights and the U.S. balancing privacy with business considerations.
How Legal Updates Affect Telemarketing Compliance
Data Governance and Privacy Requirements
The Department of Justice has introduced a new cross-border data transfer rule that forces telemarketing companies to strengthen their data oversight practices. This rule goes beyond traditional privacy laws, like GDPR or CCPA, by focusing on infrastructure-level control and visibility rather than just transparency and individual rights. Specifically, it restricts the sharing of U.S. personal data with certain foreign jurisdictions, requiring firms to adopt more advanced risk management strategies.
"Meeting the demands of this rule starts with a simple truth: you can’t protect what you can’t find." – BigID
The stakes are high: penalties can exceed $368,136 or double the value of the transaction. For willful violations, fines can reach up to $1,000,000, with potential imprisonment of up to 20 years. The regulation identifies two critical data categories – Bulk Sensitive Personal Data and U.S. Government-Related Data. Telemarketing companies must pinpoint these data types, determine if thresholds are met, and restrict foreign access. This requires implementing technical safeguards and maintaining detailed, verifiable records to demonstrate compliance.
With these cross-border rules in place, data privacy has become a top concern for leadership teams and requires collaboration across all organizational levels.
Certification Challenges and Practical Steps
Securing certifications like CBPR (Cross-Border Privacy Rules) and PRP (Privacy Recognition for Processors) comes with its own set of hurdles. These certifications demand extensive documentation, including proof of consent and detailed call records, to establish accountability. Companies must also create compliance checklists tailored to the specific legal requirements of each jurisdiction they operate in.
To meet these demanding standards, telemarketing firms should:
- Regularly audit call logs to ensure accuracy.
- Keep consent records updated and easily accessible.
- Train employees on the latest telemarketing laws and regulations.
Leveraging technology can simplify this process. Automated tools for consent management and encrypted data storage can minimize errors and safeguard sensitive information. For cross-border operations, secure data transfer methods and well-structured data-sharing agreements are essential. Embedding privacy considerations into product development from the outset – a "privacy-by-design" approach – can also help organizations stay ahead of compliance requirements.
These challenges are further complicated by varying regional legal frameworks, which demand careful attention and strategic planning.
Managing Regional Differences
Regional regulatory variations add another layer of complexity for telemarketing companies. For instance, the €1.2 billion fine imposed on Meta Platforms Ireland for unlawfully transferring Facebook user data to the U.S. underscores the seriousness of non-compliance. The Department of Justice’s rule broadens this challenge by covering a wide range of transactions.
To navigate these differences, organizations need a clear understanding of their data landscape. It’s estimated that 80% of digital organizations may struggle without modern data governance practices. Key steps include:
- Reviewing data sources to remove information from restricted jurisdictions.
- Auditing vendors and requiring clear compliance documentation for DOJ restrictions.
- Conducting due diligence on foreign-owned cloud, IT, and analytics providers.
- Continuously monitoring data flows to identify and address non-compliant transfers.
Taking a comprehensive approach to data governance is critical. This means not only ensuring compliance across different regions but also fostering a company-wide culture of privacy awareness and accountability. By doing so, telemarketing firms can adapt to these evolving legal landscapes and maintain compliance.
Certification vs. Regional Regulatory Approaches
Certification vs. Local Regulations
Telemarketing businesses often face a critical decision: whether to pursue global certifications or comply directly with regional regulations. Each option comes with distinct benefits and challenges, depending on the business’s operational scope and goals.
Global CBPR and PRP certifications offer an efficient way to gain international recognition. The Global CBPR system, which extends beyond the original 21 APEC member economies, establishes a framework that transcends regional boundaries. These certifications allow businesses to showcase their privacy and data governance practices under a system acknowledged by multiple data protection authorities. For example, Singapore recognizes Global CBPR certification under its Personal Data Protection Act, simplifying overseas data transfers without requiring additional compliance steps.
On the other hand, regional regulatory frameworks are legally mandated and vary significantly across jurisdictions. Despite low compliance rates – only 36% of organizations meet PCI DSS standards – the penalties for non-compliance are steep. GDPR violations can cost up to $22 million or 4% of global revenue, while CCPA penalties reach $7,500 per violation.
| Feature | Global CBPR/PRP | Regional Regulatory Frameworks |
|---|---|---|
| Scope | International, global reach | Jurisdiction-specific |
| Nature | Certification | Legally mandated compliance |
| Recognition | Accepted by participating economies | Recognized only within specific jurisdictions |
| Interoperability | Complements existing laws | Limited cross-border compatibility |
The CBPR and PRP certifications emphasize accountability-based practices, focusing on robust internal data governance rather than rigid rules. This flexibility allows businesses to adapt their processes to meet certification requirements. However, there are limitations. For instance, the Global CBPR system isn’t yet recognized for EU data transfers, although efforts are underway to improve compatibility.
Several jurisdictions, including Japan, Singapore, Bermuda, and the Dubai International Financial Centre, already accept CBPR certification for cross-border data transfers. This acceptance reduces administrative burdens for certified companies by eliminating the need for additional compliance documentation in these regions.
Understanding the distinctions between these approaches helps businesses assess which path aligns better with their operational needs.
Choosing the Right Compliance Strategy
For telemarketing businesses handling cross-border data, the choice between global certification and regional compliance is pivotal. It impacts not only data security but also operational efficiency and market adaptability. Several factors influence this decision, with the scope of target markets being the most critical.
For companies operating across multiple jurisdictions, CBPR and PRP certifications can simplify compliance. A single certification can meet the requirements of participating economies, reducing the complexity of navigating multiple regulatory frameworks. The Global CBPR system is designed to act as a common standard across diverse regulations, making it especially appealing for businesses with international operations.
However, businesses focused on specific high-value markets may find regional compliance more practical and cost-effective. Certification involves fees for assessments, ongoing maintenance, and documentation, which may not justify the expense for operations limited to a few jurisdictions.
The implementation process also differs. Certification requires establishing comprehensive data governance systems, undergoing assessments by approved Accountability Agents, and maintaining compliance through regular monitoring. In contrast, regional compliance demands jurisdiction-specific research, legal consultations, and tailored policies for each market.
Risk tolerance is another key factor. Certification offers broader protection against regulatory changes, as updates to the framework ensure continued interoperability across participating regions. Meanwhile, regional compliance provides more precise legal coverage within specific markets but requires constant vigilance to stay ahead of local regulatory shifts.
For many established telemarketing operations, a hybrid approach works best. Companies can pursue CBPR/PRP certification to streamline core data governance while addressing specific regional requirements for key markets not covered by the certification. This strategy balances efficiency with targeted legal safeguards but requires advanced compliance management systems to execute effectively.
As regulatory bodies work to align certification systems with domestic laws, the value of certifications is expected to grow. Early adoption could provide a competitive edge for businesses looking to future-proof their operations.
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CBPR: Navigating Cross-Border Data Privacy Compliance
Role of Consumer Protection Services
In earlier sections, we explored legal and privacy challenges in telemarketing. Consumer protection services play a key role in striking a balance between telemarketing practices and safeguarding consumer privacy, especially as global regulations become stricter. These services ensure compliance while shielding individuals from unsolicited communications.
How ReportTelemarketer.com Supports Regulatory Compliance
ReportTelemarketer.com acts as a vital tool in enforcing telemarketing regulations. The platform has assisted over 30,000 people by investigating reported phone numbers and holding non-compliant telemarketers accountable. When users report unwanted calls or texts, the platform employs advanced tools to identify and confirm violations. If telemarketers are found operating without proper consent, the service may issue cease-and-desist letters or file formal complaints. This not only enforces telephone consumer protection laws but also pushes telemarketing firms to improve how they handle consumer data. What’s more, this service is entirely free for consumers, as attorney fees are recovered from telemarketers following successful enforcement actions.
Consumer protection services also help telemarketing businesses stay updated on the latest global privacy regulations. By addressing compliance issues, these services strengthen adherence to legal standards and encourage better data management practices within telemarketing operations.
Benefits for Consumers and Telemarketing Operations
Consumer protection platforms provide clear advantages for both consumers and telemarketing companies. For consumers, these services offer a way to block unwanted communications while exposing gaps in consent and data handling practices among telemarketers. Non-compliance can lead to hefty penalties, creating a strong incentive for companies to follow the rules.
For telemarketing operations, these services offer practical support by enabling secure data-sharing methods, ensuring proper documentation for data agreements, and promoting privacy-first approaches for international operations. They also provide jurisdiction-specific compliance guides, along with tailored strategies for navigating complex international laws. Regular audits, training sessions, and tools for managing consent further help reduce legal risks and enhance overall accountability.
Conclusion
The legal framework for cross-border data sharing in telemarketing saw major shifts in 2025, presenting both hurdles and opportunities for businesses operating on a global scale. The Department of Justice (DOJ) issued guidance on Executive Order 14117, which restricts certain foreign entities from accessing bulk sensitive personal data of Americans. Additionally, a recent Supreme Court ruling has reshaped how courts interpret Telephone Consumer Protection Act (TCPA) cases, adding new layers of complexity to an already challenging regulatory environment. These changes emphasize the need for businesses to strengthen their compliance strategies.
Key Takeaways
TCPA cases surged by 46% in the first four months of 2025 compared to the same period in 2024, with class action lawsuits making up 79% of all filings. This increase highlights growing scrutiny of telemarketing practices across jurisdictions.
Recent enforcement actions demonstrate the serious consequences of non-compliance. For instance, a telemarketing scheme that caused $19 million in losses led to a 7-year prison sentence for those involved. Violations of Do Not Call rules carry hefty penalties, with federal fines reaching up to $43,792 per call and state-level fines as high as $25,000 per call.
The regulatory environment remains unpredictable. The FCC’s One-to-One Consent rule has been rendered ineffective, while states like Texas are advancing new telemarketing laws, such as SB140. Compounding this uncertainty, the Supreme Court’s recent decision indicates that courts may diverge from FCC interpretations in future TCPA cases.
Global certification systems like Cross-Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) offer structured compliance pathways. However, businesses must also navigate regional regulations, as countries like China and Australia introduce new data-sharing obligations. These challenges require telemarketing companies to rethink and recalibrate their compliance strategies.
Next Steps for Telemarketing Businesses
Telemarketing companies must act decisively to safeguard their operations. Keeping detailed records of consumer consent and opt-outs is essential, especially as courts increasingly scrutinize these practices. Businesses should also remain agile, ready to adapt compliance programs as new legal precedents emerge.
Staying informed about FCC updates and court rulings is critical, particularly regarding how new technologies – like AI-generated voices – could violate the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act).
Investing in a strong compliance infrastructure is no longer optional. This includes conducting regular audits, training teams, and implementing effective consent management systems. Global certification systems like CBPR and PRP can help streamline compliance for international operations. As Ohio Attorney General Dave Yost remarked about a recent enforcement action:
"this scammer’s line is dead – and it’s not coming back".
Ultimately, success in this evolving landscape will depend on creating adaptable compliance frameworks that meet legal requirements while safeguarding consumer trust and privacy.
FAQs
What are the key advantages of CBPR and PRP certifications for telemarketing companies working internationally?
Certifications like CBPR (Cross-Border Privacy Rules) and PRP (Privacy Recognition for Processors) offer key benefits for telemarketing companies working internationally. These certifications show that a business meets global privacy standards, which helps streamline cross-border data transfers and minimizes the chance of legal issues.
They also assist businesses in adhering to local privacy regulations, fostering trust among consumers and regulators, and making privacy management easier by adhering to a uniform framework. Earning these certifications not only boosts a company’s reputation but also lowers the risks tied to data privacy breaches.
How do recent legal changes in China and Australia affect U.S. telemarketing companies managing cross-border data?
Recent legal updates in China and Australia have tightened the rules around cross-border data sharing, posing new challenges for U.S.-based telemarketing companies.
China’s revised regulations now demand stricter security checks and compliance protocols for foreign businesses involved in data transfers. Meanwhile, Australia’s upcoming privacy law reforms, set to take effect in late 2024, emphasize greater accountability and stronger data protection measures, raising the bar for managing international data exchanges.
For U.S. telemarketers, these changes translate into more complex compliance requirements when handling data from these regions. Businesses will need to carefully evaluate their data transfer processes to minimize legal risks and stay aligned with the new standards.
What steps can telemarketing companies take to comply with regional data privacy laws and avoid significant fines?
To navigate regional data privacy laws and steer clear of hefty fines, telemarketing companies need to prioritize solid compliance strategies. This means adhering to regulations like the Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act (TCPA). These laws set the rules for call times, caller identification, and the use of autodialers. Companies should also stay on top of updates, including laws like the California Consumer Privacy Act (CCPA), to ensure their practices remain current.
Other smart steps include conducting regular privacy audits, securing clear and informed consent from consumers, and keeping privacy policies transparent. Staying updated on legal changes – especially those tied to cross-border data transfers and sensitive personal information – can help minimize legal risks and keep companies compliant in the long run.
